Neutral Citation No. - 2025:AHC:108820 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21573 of 2025 Applicant :- Premshankar Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Singh Yadav, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 25 of 2025, under Sections 80, 85 B.N.S. and 3/4 D.P. Act, Police Station- Tronica City, District- Ghaziabad, during the pendency of trial. 4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Hindu Rites on 15.5.2019, and subsequent to it, the applicant and other family members are stated to have subjected her to cruelty for demand of a plot of 100 sq. yards and golden chain weighing about 20 grams as dowry and had forcibly administered some poisonous material to her, thereby leading her to death on 12.1.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about two days and there is no explanation of the said delay caused. The FIR itself mentions that the informant had found her daughter dead on 13.1.2025 itself but did not care to institute FIR on 13.1.2025 rather had instituted the FIR on 14.1.2025 at 11:38 p.m. after much delay. The said FIR has been instituted after legal consultation. 6. Learned counsel for the applicant has further stated that there is no prior evidence of demand of dowry except the FIR. The cause of death could not be ascertained, as such, the viscera of the deceased was preserved. The applicant was very much present from the consuming of poison by the deceased person till her death at hospital as he had rushed her to the hospital for treatment and she had expired at GTB Hospital on 12.1.2025. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application on the ground that it is true that applicant was present at the hospital during treatment but the deceased had consumed poison within the precincts of house of the applicant, as such, he is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR coupled with the fact that cause of death could not be ascertained at this point of time, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Premshankar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 9.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad